. >>> crews are making progress in repairing a large sinkhole on mountain view drive in lafayette. the city council also adopted an emergency declaration, establishing a $1 million budget to fix the road's drainage problem. that huge sinkhole opened up during that major storm last sunday. >>> the bart expansion in fremont has run into an unforeseen problem with birds, and it comes with a $5 million price tag. the crew has installed inflatable dancers, such as the ones found outside used car lots to discourage birds from nesting. >>> a judge heard arguments in a case that involves privacy rights and the first amendment. >> reporter: he's known as one of san francisco's most outspoken gay rights activists, but he had little to say today as he pleaded not guilty to misdemeanor disorderly conduct. >> it snaps of political retribution. >> reporter: he took this photo of scott wiener and blogged that he tried to photograph him at a urinal. >> we will be fighting this case. and i think that despite the fact that the photograph was taken, we're talking fundamentally about a photograph of a